Human rights court rebuffs Bosnia

The European Court of Human Rights has ruled that provisions in the constitution of Bosnia and Herzegovina reserving certain offices of state for members of Bosnia’s three ‘constituent peoples’ are discriminatory and unlawful.

The case had been brought in 2006 by Dervo Sejdić, a Roma, and Jakob Finci, who is Jewish. The court today (22 December) ruled in their favour by 14 votes to three.

Bosnia’s constitution was drafted as part of the 1995 Dayton peace accords, mostly by lawyers from the US Department of State with input from EU diplomats. It established a three-member presidency with one representative for each of Bosnia’s ‘constituent peoples’ – Bosniaks (Bosnian Muslims), Serbs and Croats. The upper house of parliament is also made up of representatives of the three communities. Members of other communities and those who do not claim any particular ethnic affiliation are excluded from holding such positions of power.

Finci, Bosnia’s ambassador to Switzerland, is a former head of the country’s small Jewish community, which dates back to the15th century.

Finci told European Voice: “This ruling was against Bosnia and Herzegovina, but at the same time I am sure that it was in favour of Bosnia and Herzegovina. The court’s ruling is a major step towards an end to discrimination on ethnic grounds, and I am glad that the court has recognised the wrong that was done in the constitution 14 years ago. Finally, we – the ‘others’ – are no longer second-class citizens.”

Various attempts have been made in recent years to amend or redraft the constitution, with little success. The Venice Commission, an advisory body to the Council of Europe, has found that various provisions in the constitution violate basic human rights.

Bosnia is to hold a general election next October.

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Good report on this important ruling, but a highly misleading headline. As Jakob Finci says, the verdict was really in favour of Bosnia-Herzegovina; it was merely against the constitution so disastrously imposed on the country at Dayton.

Good report on this important ruling, but a highly misleading headline. As Jakob Finci says, the verdict was really in favour of Bosnia-Herzegovina; it was merely against the constitution so disastrously imposed on the country at Dayton.

Good report on this important ruling, but a highly misleading headline. As Jakob Finci says, the verdict was really in favour of Bosnia-Herzegovina; it was merely against the constitution so disastrously imposed on the country at Dayton.

Good report on this important ruling, but a highly misleading headline. As Jakob Finci says, the verdict was really in favour of Bosnia-Herzegovina; it was merely against the constitution so disastrously imposed on the country at Dayton.

Posted on 12/22/09 | 9:20 AM CEST

Ivo

I am afraid this court decision will not change anything in real life, Bosnia will be hostage of Dayton agreement for many years to come.

Posted on 12/23/09 | 2:29 AM CEST

Ivo

I am afraid this court decision will not change anything in real life, Bosnia will be hostage of Dayton agreement for many years to come.

Posted on 12/23/09 | 2:29 AM CEST

Ivo

I am afraid this court decision will not change anything in real life, Bosnia will be hostage of Dayton agreement for many years to come.

Posted on 12/23/09 | 2:29 AM CEST

Ivo

I am afraid this court decision will not change anything in real life, Bosnia will be hostage of Dayton agreement for many years to come.

Posted on 12/23/09 | 2:29 AM CEST

Steven

To watch Bosnia and Herzegovina evolve from the previous chaos that existed there and in the region is spectacular. Another non-violent issue is raised, one that is not marked from bloodshed, hatred or extremism.

Bosniaks, Serbs and Croats are now tackling common problems, events the Dayton Accords has promoted. Albeit the Accords are becoming outdated, they rapidly and successfully fulfilled their desire… considerable peace and stability.

This current case is obviously a necessary one. And it already has the taste of success. It is somewhat analogous to the evolution of medical science and morbidity… today, in most developed countries, we no longer worry of premature death from disease and starvation, we now have the luxury of “complaining” of “modern” and latent illnesses; cancer, etc.

So to does Bosnia and Herzegovina find a new “luxury” in these contentions. [Note: in no way is discrimination to be tolerated, ever. This comment merely suggests the paradigm Bosnia is entering.)

Posted on 12/28/09 | 5:23 AM CEST

Steven

To watch Bosnia and Herzegovina evolve from the previous chaos that existed there and in the region is spectacular. Another non-violent issue is raised, one that is not marked from bloodshed, hatred or extremism.

Bosniaks, Serbs and Croats are now tackling common problems, events the Dayton Accords has promoted. Albeit the Accords are becoming outdated, they rapidly and successfully fulfilled their desire… considerable peace and stability.

This current case is obviously a necessary one. And it already has the taste of success. It is somewhat analogous to the evolution of medical science and morbidity… today, in most developed countries, we no longer worry of premature death from disease and starvation, we now have the luxury of “complaining” of “modern” and latent illnesses; cancer, etc.

So to does Bosnia and Herzegovina find a new “luxury” in these contentions. [Note: in no way is discrimination to be tolerated, ever. This comment merely suggests the paradigm Bosnia is entering.)

Posted on 12/28/09 | 5:23 AM CEST

Steven

To watch Bosnia and Herzegovina evolve from the previous chaos that existed there and in the region is spectacular. Another non-violent issue is raised, one that is not marked from bloodshed, hatred or extremism.

Bosniaks, Serbs and Croats are now tackling common problems, events the Dayton Accords has promoted. Albeit the Accords are becoming outdated, they rapidly and successfully fulfilled their desire… considerable peace and stability.

This current case is obviously a necessary one. And it already has the taste of success. It is somewhat analogous to the evolution of medical science and morbidity… today, in most developed countries, we no longer worry of premature death from disease and starvation, we now have the luxury of “complaining” of “modern” and latent illnesses; cancer, etc.

So to does Bosnia and Herzegovina find a new “luxury” in these contentions. [Note: in no way is discrimination to be tolerated, ever. This comment merely suggests the paradigm Bosnia is entering.)

Posted on 12/28/09 | 5:23 AM CEST

Steven

To watch Bosnia and Herzegovina evolve from the previous chaos that existed there and in the region is spectacular. Another non-violent issue is raised, one that is not marked from bloodshed, hatred or extremism.

Bosniaks, Serbs and Croats are now tackling common problems, events the Dayton Accords has promoted. Albeit the Accords are becoming outdated, they rapidly and successfully fulfilled their desire… considerable peace and stability.

This current case is obviously a necessary one. And it already has the taste of success. It is somewhat analogous to the evolution of medical science and morbidity… today, in most developed countries, we no longer worry of premature death from disease and starvation, we now have the luxury of “complaining” of “modern” and latent illnesses; cancer, etc.

So to does Bosnia and Herzegovina find a new “luxury” in these contentions. [Note: in no way is discrimination to be tolerated, ever. This comment merely suggests the paradigm Bosnia is entering.)

Posted on 12/28/09 | 5:23 AM CEST

Jakob Cornides

BiH is in that sense not different from, say, Belgium or the European Union: you can only be citizen of BiH if you are citizen of one of the countries entities. The case looks a bit like if someone complained that he cannot be appointed to the European Commission unless he is citizen of one of the 27 Member States. There is no reason why someone could not be a Jewish Serb or a Croatian Rom. Thus, it seems that the ECHR’s judgment is misguided.

Posted on 12/28/09 | 4:49 PM CEST

Jakob Cornides

BiH is in that sense not different from, say, Belgium or the European Union: you can only be citizen of BiH if you are citizen of one of the countries entities. The case looks a bit like if someone complained that he cannot be appointed to the European Commission unless he is citizen of one of the 27 Member States. There is no reason why someone could not be a Jewish Serb or a Croatian Rom. Thus, it seems that the ECHR’s judgment is misguided.

Posted on 12/28/09 | 4:49 PM CEST

Jakob Cornides

BiH is in that sense not different from, say, Belgium or the European Union: you can only be citizen of BiH if you are citizen of one of the countries entities. The case looks a bit like if someone complained that he cannot be appointed to the European Commission unless he is citizen of one of the 27 Member States. There is no reason why someone could not be a Jewish Serb or a Croatian Rom. Thus, it seems that the ECHR’s judgment is misguided.

Posted on 12/28/09 | 4:49 PM CEST

Jakob Cornides

BiH is in that sense not different from, say, Belgium or the European Union: you can only be citizen of BiH if you are citizen of one of the countries entities. The case looks a bit like if someone complained that he cannot be appointed to the European Commission unless he is citizen of one of the 27 Member States. There is no reason why someone could not be a Jewish Serb or a Croatian Rom. Thus, it seems that the ECHR’s judgment is misguided.

Posted on 12/28/09 | 4:49 PM CEST

Simon

To Jakob Cornides: I would say that the case is certainly not similar to that of Belgium or the EU. Someone who is not a citizen of any of the 27 MS probably has no civic rights in any of the MSs and hasn’t lost those rights having previously had them. In the case of BiH we are talking about the exclusion of people born there, citizens of BiH and equal citizens of the entity which preceded BiH. All of a sudden, these people are deprived of rights they had previously, when they were amongst the few unequivocal proponents of peace and unity, and they lose those rights in favour of those who waged war with each other. Somewhat bizarre and reminiscent of other times well over 50 years back. I am shocked that the decision was not unanimous.

Posted on 1/4/10 | 7:55 AM CEST

Simon

To Jakob Cornides: I would say that the case is certainly not similar to that of Belgium or the EU. Someone who is not a citizen of any of the 27 MS probably has no civic rights in any of the MSs and hasn’t lost those rights having previously had them. In the case of BiH we are talking about the exclusion of people born there, citizens of BiH and equal citizens of the entity which preceded BiH. All of a sudden, these people are deprived of rights they had previously, when they were amongst the few unequivocal proponents of peace and unity, and they lose those rights in favour of those who waged war with each other. Somewhat bizarre and reminiscent of other times well over 50 years back. I am shocked that the decision was not unanimous.

Posted on 1/4/10 | 7:55 AM CEST

Simon

To Jakob Cornides: I would say that the case is certainly not similar to that of Belgium or the EU. Someone who is not a citizen of any of the 27 MS probably has no civic rights in any of the MSs and hasn’t lost those rights having previously had them. In the case of BiH we are talking about the exclusion of people born there, citizens of BiH and equal citizens of the entity which preceded BiH. All of a sudden, these people are deprived of rights they had previously, when they were amongst the few unequivocal proponents of peace and unity, and they lose those rights in favour of those who waged war with each other. Somewhat bizarre and reminiscent of other times well over 50 years back. I am shocked that the decision was not unanimous.

Posted on 1/4/10 | 7:55 AM CEST

Simon

To Jakob Cornides: I would say that the case is certainly not similar to that of Belgium or the EU. Someone who is not a citizen of any of the 27 MS probably has no civic rights in any of the MSs and hasn’t lost those rights having previously had them. In the case of BiH we are talking about the exclusion of people born there, citizens of BiH and equal citizens of the entity which preceded BiH. All of a sudden, these people are deprived of rights they had previously, when they were amongst the few unequivocal proponents of peace and unity, and they lose those rights in favour of those who waged war with each other. Somewhat bizarre and reminiscent of other times well over 50 years back. I am shocked that the decision was not unanimous.